Section 11 in The Jammu and Kashmir Hindu Adoptions and Maintenance Act, 1960
11. Other conditions for a valid adoption.
- In every adoption, the following conditions must be complied with :-(i)if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son, son's son or son's son's son (whether by legitimate blood relationship or by adoption); living at the time of adoption;(ii)if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son's daughter (whether by legitimate blood relation ship or by adoption) living at the time of adoption;(iii)if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older than the person to be adopted ;(iv)if the adoption is by a female and the person to be adopted is a male the adoptive mother is at least twenty-one years older than the person to be adopted ;(v)the same child may not be adopted simultaneously by two or more persons ;(vi)the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth to the family of its adoption :Provided that the performance of datta homan shall not be essential to the validity of an adoption.
